Goldman v. Lanigan Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lanigan Brothers, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 18th day of May, 1918, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 3d day of June, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, J.:
The decedent, Morris Goldman, a boy fourteen years old, was killed while in the act of catching a pitched ball in the center of the block on Beck street, in the borough of The Bronx. He was killed by an automobile truck belong*743ing to the defendant, and in charge of the defendant’s servant. The chauffeur was moving along at about eight miles an hour with his truck when some one who had thrown a ball called to this boy to catch it. The boy was upon the curb. There is some question whether he was on the east or west curb. Suddenly the boy ran out into the street, held up his hand and…
2Cited by1 opinion
- Wilson v. MaielloAppellate Division of the Supreme Court of the State of New York · 1970